By Appointment Only
352 Leon Ave
British Columbia's Family and Criminal Law office located in Kelowna, British Columbia, Canada
Family and Criminal Law Office

Based in Kelowna, I accept cases in the Okanagan, Kootenays, Lower Mainland, and throughout British Columbia. My preferred areas of practice are (1) Family Law with an emphasis on litigation services and (2) Criminal Law with an emphasis on defending those who have been charged with a crime allegedly committed within a spousal relationship

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Find us at 352 Leon Ave Kelowna, BC

We are conveniently located downtown

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Our Mission

Working with you to deliver efficient and effective solutions to your family law and criminal law problems

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Family and CriminalLaw Office

We practice (1) family law with an emphasis on litigation and dispute resolution, and (2) criminal law with an emphasis on defending crimes allegedly committed within a spousal relationship.

Mark J. Chiu Law Corporation

 Read more about Mark J. Chiu

Mark J. Chiu
Credentials

Mark holds degrees in Psychology (University of Calgary) and Law (University of Saskatchewan). He regularly attends the Justice Institute of British Columbia for additional training in family dispute resolution. He regularly appears in the Supreme Court and Provincial Court of British Columbia.

Values

Mark firmly believes in his duty to protect his client's legal interests, to dispense holistic and practical legal advice, and above all else to follow his client's instructions subject to his ethical duties as an officer of the court.

Approach

Mark seeks to resolve disputes in an efficient and effective manner, whether it be by way of quietly negotiating a settlement or resolving a case at trial.

Contact

Physical Address: 352 Leon Ave., Kelowna, BC

Mailing Address: 210 - 347 Leon Ave., Kelowna, BC V1Y 8C7

TEL: 236.420.1823      
FAX: 236.361.4418
mark@markchiu.com

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Can Spousal Support ever be Conclusively Dismissed or Waived for married spouses?

The short answer appears to be "no". If the spouses were married, then either spouse may apply for spousal support under the Divorce Act. It appears that even if a previous order or agreement provides that spousal support is "dismissed" or providesthat spousal support is payable at $0.00 per month, a spouse may still apply for an order for spousal support. However, the applying spouse must then prove to the court that a "material change of circumstances" or "significant change" now exists since the making of the original order or agreement. The case of Sandy v. Sandy, 2018 BCCA 182 provides guidance. In this case, there was a previous agreement for lump-sum spousal support agreed to in February of 2008 which provided the recipient spouse with $411,000 in support. The recipient spouse then applied for another order spousal support in 2013. At trial, the recipient was successful. The payor spouse then appealed. In the course of the judgment, the appellate court confirmed that the jurisdiction of the court to order spousal support acting under the Divorce Act cannot be ousted. However, if there was a previous order or agreement on the issue of spousal support, then the applying spouse must prove that there was a "material change of circumstance" since the making of the initial order or agreement. In the facts of this case, the appellate court found that the applying spouse did not meet the burden of proving a "material change of circumstances" and set aside the fresh spousal support order that was previously made at the trial in 2013...

October 30, 2018
"Tracing" in family law: e.g., sale proceeds of previously-owned house put towards puchase of new house purchased during spousal relationship

What happens if the character of "excluded" property has changed? For example, what happens if sale proceeds from a sale of a house that a spouse owned prior to the start of the spousal relationship are put towards the purchase of a new house purchased during the relationship that would otherwise be considered family property? This is where the concept of "tracing" is applicable.

February 25, 2018
Practice Areas
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